Participation In The Distribution In Civil Enforcement

System of participation in the distribution in civil enforcement procedure is a focus of controversy in legal theory field and legal practice field. Generally,participation in the distribution is a method of solution about enforcement for money and claims at the same time, is a form of expression of enforcement broadly.however,for our bankruptcy legislation according to limited bankruptcy theory, effective system of participation in the distribution is a way to claim rights fairly for many creditors when a person who is not a legal person or other organizations are insolvent.To some extent, although system of participation in the distribution reflects the protectation of creditors to have the equal rights in debt and refects the principle of fair claims,our bankruptcy legislation according to limited bankruptcy theory and principle of equal distribution reflects neighter value aim of fair enforcement procedures and efficiency,nor hard rasks of recovering the defects of limited bankruptcy theory. Moreover,our country ordered the system of participation in distribution in judicial interpretations only.these provisions are general,lacking of details,poor practical,and raised many kinds of new problems in judicial practice. So,in author's opnions, our effective system of participation in distribution have defects,according to enforcement and bankrupt which are two kinds of legal system,according to our all legal system, on the base of bankrupt system under general bankruptcy theory, should be reformed to abandon the hard aim of recovering the defects of limited bankruptcy theory, to give it new functions and content, to play it's due role.This paper is divided into three part as introduction,the body and conclusion. This paper discussed the system of participation in distribution from four issues:Chapter one:Chinese participation distribution system's summary.This part mainly presents the applicable condition,the procedure of our law.Chapter two: discussion about our effective system of participation in distribution.This chapter according to setting conditions about participation in distribution,deciding the qualified creditors who have rights to participate the distribution,deciding the deadline of participating in distribution, prohibiting repeatly seized, relief measures of participation in distribution and so on, commented on our system of participation in distribution,and finded the defects in our system of participation in distribution.Chapter three: a comparative study of principle of participation in distribution. This chapter analyzed the principle of equality, the principle of priority, the principle of compromise in the systems of participation in the distribution in the countries in the world, and comments on the principle of equality and the principle of giving priority , the author believes that as a whole, the principle of giving priority and general bankruptcy increases the more benefits.Chapter four: our reconstruction of system ofparticipation in distribution. This chapter analyzed the outside operating mechanism (the relationship between system of participate in the distribution with system of bankruptcy and closed) and the internal operation mechanism (relief system)of the system of participation in distribution, and give a new way to reconstructe our system of participate in distribution system.